Conviction in Contentious Case
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W/HEN, last week, the Barnsley West W Riding magistrates, following an order of the High Court, convicted the Houghton Main Home Coal Delivery Service, Ltd., for using lorries without the appropriate licences, it was alleged that the company had broken the conditions of its C licences by using the authorized vehicles for hire or reward.
The case was before the court on March 25, when Mr. J. Wurzal, for the Yorkshire Licensing Authority, explained that the company's object was to deliver for members home-coal supplies from Houghton Main Colliery and to provide facilities for the conveyance of members to and from the colliery. He submitted that the lorries had been used for hire and reward.
Mr. J. S. Walsh, who represented the defendant, submitted that in no circumstances could the business of the defendant company be considered as " carrying goods for hire or reward." The company was not able to use a farthing of the money received for any purpose other than the benefit of members.
On that occasion the bench dismissed the case.
Last 'week, Mr. Wurzal said that, following the decision of the magistrates, two sets of cases were taken to the High Court, which had ordered the magistrates to register convictions in both cases.
Mr. Wurzal said he thought that the air had been cleared not only in that case, but in many others dependent on it. He was instructed by the Licensing Authority not to ask for a penalty, as it was intended as a test case, but only for the witnesses' and court costs.
The chairman announced that a conviction would be recorded and the defendant would have to pay the £2 1 ls. 3d. costs.